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Title 12
Chapter 12.09
Section 12.09.100
 

Title 12 Public Ways and Property

Chapter 12.09 Telecommunications, Cable – Municipal Authorization to Use Right-of-way

Section 12.09.100 State Law Restrictions
  1. For convenience, this section recites certain restrictions on municipal authority from chapter 83, Laws of 2000. For complete text, the reader is referred to section 4(1) thereof (RCW 35.99.040(1)). Such restrictions, which do not apply to preexisting franchises or permits, state that the City may not adopt or enforce regulations specifically relating to the use of the right-of-way by a service provider which:
    1. impose requirements that regulate the services or business operations of the service provider, except where otherwise authorized in state or federal law;
    1. conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;
    1. regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized in state or federal law; or
    1. unreasonably deny the use of the right-of-way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services.
  1. In addition, RCW 35.99.040(2) preserves certain areas of municipal authority. Consistent therewith, nothing in this chapter limits the authority of the City or its officials to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:
    1. prohibit the placement of all wireless or of all wireline facilities within the City;
    1. prohibit the placement of all wireless or of all wireline facilities within City rights-of-way; or
    1. violate section 253 of the Telecommunications Act of 1996, P.L. 104-104 (110 Stat. 56).
  1. These provisions do not amend, limit, repeal, or otherwise modify the authority of cities or towns to regulate cable television services pursuant to federal law.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1